371-380 of 440 results
Statutory assumptions for lenders dealing with companies - useful but are they limited?
This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...
High Court rules mining leases and native title can co-exist
The High Court ruled that certain mining leases in WA did not extinguish all native title rights, but rather the two rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. ...
The ramifications of a Facebook rant
The Full Court of the Federal Court recently handed down its decisions on an appeal that highlights the dangers of making unsubstantiated social media comments Partner Miriam Stiel and Lawyer Tracy Lu report on a long-running dispute where the court found personal Facebook posts constituted ...
Land tax recovery - no, yes, no again
The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...
Damages for employer's repudiation of employment contract
The Victorian Supreme Court has awarded Mr Loone, a Managing Principle with Crowe Horwath Australia, $423,445 in damages after a repudiation of his employment contract by his employer. ...
Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...
Court finds PZ Cussons spotless in alleged laundry detergent cartel
Allens acted for PZ Cussons in successfully defending the first contested hub and spoke cartel case brought by the ACCC ...
Vietnam issues a stringent new cybersecurity law
A new law in Vietnam enabling state control of cyber data will have wide-ranging implications for business costs and compliance The powers it gives to the Government are extensive and its coverage is unprecedented Partner Linh Bui and Associates Hien Nguyen and Khanh Nguyen report on the key issues ...
Clarity on what constitutes a misleading consumer guarantee representation
A recent Full Federal Court decision has provided welcome clarity on what constitutes a misleading consumer guarantee representation. ...
Rethinking ‘natural’ history
Is there more than one reason to call a product ‘natural’? The FCAFC thinks so, overturning Justice Katzmann’s finding that it is misleading to describe a product as ‘natural’ if it is not made wholly or substantially from natural ingredients. ...